analysis of the criminal law of modesty（分析刑法的谦虚）.doc

Analysis of the Criminal Law of Modesty Abstract With the continuous development of world civilization process, the criminal law is moving in the general direction of the tolerance of the progressive development, but due to the thinking of the impact of China’s traditional penalty, draconian laws antiquated thinking continues to occupy a lot of people thought With China the modern development of the society is deepening, and also put forward new demands of the criminal law, criminal law need to maintain their modesty and tolerance has been accepted by more and more people. Restraining Criminal Law Paper Keywords tolerance of A criminal law nature of Modesty Restraining Criminal Law of the term was first passed by the Japanese academic circles of China’s criminal law, the Japanese scholars also the first restraining criminal law connotations defined, they think the modesty of the criminal law should contain three aspects of meaning : complementary, not integrity, as well as tolerance. academia in China’s criminal law, people generally think that the the Modesty meaning of the criminal law: the scope of the role of criminal law as well as the need to focus on the use of criminal law, focusing on criminal law last resort . The nature of the criminal law Modesty is the extent of the community involved criminal law determined simply is how the division of power between the country and the people, so as to seek a balance point, and ultimately the country and the people can enjoy the Penal Code to bring the rights of people handed over to the penalty right country, numerous freedom brings together constitute the state’s right to punish, the addition of any other things are all good at the right, also obvious unfairness. speaking means that any activities of the citizens in this range are free and safe, but across the boundaries, then the citizens would be duly punished by the State, in order to ensure the interests of the majority of citizens are not inf